1. Heard Mr. Pai the learned counsel for the applicant who is the original complainant in Criminal Case No. 1470/S/2002 filed before the learned Metropolitan Magistrate, 43rd Court, Borivali, Mumbai for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The said complaint has been dismissed and the accused came to be acquitted from the offence punishable under Section 138 of the said Act as per the order dated 5/3/2004. Hence, this application for special leave to appeal under Section 387(4) of Cr.P.C.

2. As per the complainant he had worked with the coaching classes run by the accused and after putting in about 8 to 10 years of association they decided to separate and in consideration by way of goodwill an amount of Rs.2,50,000/- was agreed to be paid to him by the accused. An amount of Rs.30,000/- was paid in cash and two cheques, one for Rs.1,25,000/- and the second for Rs.91,397/- drawn in his favour were handed over to him by the accused. The first cheque was encashed, but the second cheque was dishonoured and, therefore, he had filed the complaint before the learned Metropolitan Magistrate which came to be dismiss